Articles Tagged With: discovery
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Admissibility of ED Recordings Depends on Multiple Factors
Even if the patient recorded the entire discharge instructions, relevant discussions might have happened throughout the visit. The defense can challenge the admissibility based on that argument, but the ruling could go either way.
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Admissibility of ED Recordings Depends on Multiple Factors
Even if the patient recorded the entire discharge instructions, relevant discussions might have happened throughout the visit. The defense can challenge the admissibility based on that argument, but the ruling could go either way.
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Discovery Requests Often Are Overly Broad, Can Be Abused
Discovery requests from plaintiffs’ attorneys can be overly broad in an attempt to obtain records the defendant does not have to provide. However, the bar is high when making that claim to the court. The defense can object to what it considers an overly broad discovery request, but the objection often is unsuccessful because the scope of discovery is quite broad. -
Understand Discovery Rules and Limits to Protect Confidential Information
Discovery is one of the first steps in malpractice litigation. It is crucial for risk managers to understand what information can be demanded by opposing attorneys. A proper understanding of the process can guide both how healthcare organizations conduct investigations and the outcome of litigation. -
Ethical Guidance Needed if Researchers Identify Diagnostic Errors
Clinicians know there is a clear ethical obligation to disclose errors to patients. However, the individual who finds a diagnostic error may not be a clinician in direct contact with the patient. Instead, it might be a researcher who is reviewing a chart long after a patient was discharged. What are researchers’ ethical obligations if they find an error no one else had discovered?